The social media site Gapnote.com hasn’t even launched yet, and it won’t be launching if The Gap gets its way.
The San Francisco-based clothing chain has slapped the site and its founder, Greg Murphy, with a trademark infringement suit filed in the Northern District on Sept. 27. The site is not only using a trademarked name, the suit claims, but the name gapnote is also presented in a font strikingly similar to the one used in The Gap’s registered trademark.
The Gap wants the court to enjoin the site from using the word gap in any way, and it wants Murphy to cancel any applications to register the trademark “gapnote.” The Gap is seeking exemplary and punitive damages, as well as legal fees.
“The use of The Gap’s trademark, presented in a manner identical – or a minimum, confusingly similar – to that used by The Gap, as part of the Defendant’s company name constitutes a blatant violation of The Gap’s rights under applicable trademark and unfair competition laws,” the complaint said. “Defendants activities have been in bad faith and with full knowledge and awareness of The Gap’s rights.”
According to the complaint, lawyers for The Gap sent Murphy three letters between May and August objecting to the site’s name. Meanwhile, Murphy has tried to win the Gap over with “Likes and Love” by starting a Facebook page titled “Don’t let The Gap force ‘Gapnote’ to change it its name.” So far, it has about 160 followers.
The Gap is represented by attorneys from Fross Zelnick Lehrman & Zissu and Owen, Wickersham & Erickson. Officials at The Gap said they do not comment on pending litigation.
Gapnote is being represented by Jennings Strauss in Phoenix, Greg Murphy said.
Murphy said he has agreed to change his site’s logo until The Gap is satisfied, but The Gap hasn’t budged, he said.
“Basically they want us to hand over gapnote.com,” Murphy said. “Do we have the money to defend ourselves in court? Probably not. Are we going to do it anyway? Yes.”
IP attorney Neil Smith, a partner at Ropers Majeski Kohn Bently in San Jose and San Francisco, said it’s not unusual for big companies with well-known brand names to come out fighting when another company tries to use the same name, regardless of what it’s selling. They’re trying to protect their brand. But it’s not always easy to defend these types of suits in court when the trademarked word in question is commonly used, like “gap” is.
“It seems like it’s going to be a tough thing for them to stop,” Smith said.
I got a preview of Gapnote.com at the TahoeTechConf this weekend - its Beautiful and smart. Listening to the founders passion for real privacy and connection was inspiring. I have a feeling "gapnote" may eat Facebook for lunch.. the Gapnote team (so nice) have EVERY RIGHT to keep their name. Please support them!
Posted by: Marcash | October 02, 2010 at 07:31 AM